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Articles 1 - 30 of 35
Full-Text Articles in Law
Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi
Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi
International Journal of Religious Tourism and Pilgrimage
This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the …
Ethical Cannabis Lawyering In California, Francis J. Mootz Iii
Ethical Cannabis Lawyering In California, Francis J. Mootz Iii
St. Mary's Journal on Legal Malpractice & Ethics
Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …
"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty
Genocide Studies and Prevention: An International Journal
Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …
Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter
Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter
Dignity: A Journal of Analysis of Exploitation and Violence
Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …
The Theory And Practice Of Contestatory Federalism, James A. Gardner
The Theory And Practice Of Contestatory Federalism, James A. Gardner
William & Mary Law Review
Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.
This paper investigates Madison’s hypothesis by documenting the methods actually deployed …
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Indiana Journal of Constitutional Design
Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou
Claremont-UC Undergraduate Research Conference on the European Union
In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …
A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy
A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy
Journal of Digital Forensics, Security and Law
As technology improves and economies become more globalized, the concept of currency has evolved. Bitcoin, a cryptographic digital currency, has been embraced as a secure and convenient type of money. Due to its security and privacy for the user, Bitcoin is a good tool for conducting criminal trades. The Financial Crimes Enforcement Network (FinCEN) has regulations in place to make identification information of Bitcoin purchasers accessible to law enforcement, but enforcing these rules with cash-for-Bitcoin traders is difficult. This study surveyed cash-for-Bitcoin vendors in Oklahoma, Texas, Arkansas, Missouri, Kansas, Colorado, and New Mexico to determine personal demographic information, knowledge of …
Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels
Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels
SMU Data Science Review
In this paper, we present an analysis of features influencing Yelp's proprietary review filtering algorithm. Classifying or misclassifying reviews as recommended or non-recommended affects average ratings, consumer decisions, and ultimately, business revenue. Our analysis involves systematically sampling and scraping Yelp restaurant reviews. Features are extracted from review metadata and engineered from metrics and scores generated using text classifiers and sentiment analysis. The coefficients of a multivariate logistic regression model were interpreted as quantifications of the relative importance of features in classifying reviews as recommended or non-recommended. The model classified review recommendations with an accuracy of 78%. We found that reviews …
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Volume 1, Issue 2 (2017) Inaugural Issue
Volume 1, Issue 2 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities
3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.
6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.
27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?
65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.
78 – 96 John Fairfield, Beyond non-violence to courtship.
97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
Themis: Research Journal of Justice Studies and Forensic Science
It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …
Medical Apartheid: A Book Review, Carmen Kennedy
Medical Apartheid: A Book Review, Carmen Kennedy
Themis: Research Journal of Justice Studies and Forensic Science
No abstract provided.
Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron
Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron
Themis: Research Journal of Justice Studies and Forensic Science
Domestic and family violence has been a critical issue in contemporary society. Efforts have been made in researching the causes, effects, and mediating factors of domestic violence in relation to the workplace. Studies demonstrate that a relationship between conflict crossing over from the work to the home environment exist. Additional studies demonstrate that domestic violence does affect the workplace; however, there is little to no scientific data on the reverse relationship. The reverse relationship regards whether the workplace affects the occurrence of domestic violence. This research paper will dive into this topic, and on the lack of data available. Supporting …
Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong
Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong
Themis: Research Journal of Justice Studies and Forensic Science
Communities, and their respective police departments, have significant impacts on the social and legal matters they are involved with, making it crucial for both parties to strive to maintain strong, collaborative relationships. Positive interactions between police and the public are therefore extremely vital and beneficial to all involved. Police officers should be held accountable for their transgressions and subject to transparency for their on-duty actions through legal records. Several issues lie in the policies and procedures which requires more attention in its analysis. Changing policies and procedure in the United States regarding police use of force to remedy inconsistencies calls …
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Themis: Research Journal of Justice Studies and Forensic Science
The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which …
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Themis: Research Journal of Justice Studies and Forensic Science
This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.
Lacking Regulated Policy For Dna Evidence, Maia Lister
Lacking Regulated Policy For Dna Evidence, Maia Lister
Themis: Research Journal of Justice Studies and Forensic Science
Despite its strong presence in criminal justice, DNA analysis is still a minimally regulated area. This minimal regulation devalues DNA evidence through the inconsistencies in these areas. The analysis methods of low template DNA lack a uniform method resulting in varying levels of reliability. Utilizing familial searches to assist in criminal investigations can potentially violate citizen rights. Such violations can also be found in the collection of DNA samples before an arrestee is tried or convicted. There are, however, regulations that could be applied universally to combat the problems that were discussed.
Acknowledgments, Howard S. Carrier
Acknowledgments, Howard S. Carrier
International Journal on Responsibility
Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.
Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti
Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti
International Journal on Responsibility
Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at …
Resolving The Paradox Of Holding People Responsible, Hal Pepinsky
Resolving The Paradox Of Holding People Responsible, Hal Pepinsky
International Journal on Responsibility
Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one conflicts …
Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun
Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun
International Journal on Responsibility
No abstract provided.
What Does Responsibility Mean To Me?, Arun Gandhi
What Does Responsibility Mean To Me?, Arun Gandhi
International Journal on Responsibility
No abstract provided.
Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel
Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel
International Journal on Responsibility
No abstract provided.
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
Dignity: A Journal of Analysis of Exploitation and Violence
In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.
Adoption Process For The Model Aquatic Health Code: An Example, William D. Ramos, Allison L. Fletcher, Mike Mettler, Marcus A. Yoder
Adoption Process For The Model Aquatic Health Code: An Example, William D. Ramos, Allison L. Fletcher, Mike Mettler, Marcus A. Yoder
International Journal of Aquatic Research and Education
In 2014 the U.S. Centers for Disease Control and Prevention (CDC) published the first edition of the Model Aquatic Health Code (MAHC). This document represented the inaugural introduction of a federal policy guideline with a direct focus in the area of aquatic venue operation and maintenance with the sole purpose of improving the nature of public health in the field. The Indiana State Department of Health (ISDH) began the review and adoption process soon after the policy’s release. The ISDH process is proposed as one method for others to consider. The background and history of the MAHC are presented in …
Review, The New Era Of Secret Law, Patrice Mcdermott
Review, The New Era Of Secret Law, Patrice Mcdermott
Secrecy and Society
In a recent Brennan Center report, The New Era of Secret Law, Elizabeth (Liza) Goitein articulates, examines, and evaluates the claims for and objections to secret law. Under this banner, the report includes any law that is withheld from the public, regardless of whether it may be shared among agencies or with certain members or committees of Congress.” Goitein’s underlying goal is to propose procedural and substantive reforms. Secret Law is a deeply-researched and highly valuable policy brief with an aim of making specific policy recommendations. And readable to boot.
Panel Discussion: Author Meets Critic
Panel Discussion: Author Meets Critic
Northwestern Journal of Law & Social Policy
No abstract provided.